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(영문) 제주지방법원 2016.09.02 2016고단1256
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On August 6, 2008, the Defendant issued, at the Jeju District Court, a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on September 2, 2013, a summary order of KRW 3 million as a fine for the same crime at the same court.

【Criminal Facts】 On April 29, 2016, at around 00:10, the Defendant driven C or other vehicles without obtaining a driver’s license in the two kilometers section of approximately two kilometers in front of the coastal intersection road located in Jeju-si 89(Nomno-dong) from the old-type Do in front of the old-type Do in Jeju-si, while under the influence of alcohol at 0.057% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the following circumstances as the reasons for sentencing under Article 62-2 of the Criminal Act: The fact of crime is recognized and reflected in the sentence: the blood alcohol concentration at the time is relatively low; the fact that the driver has no record of criminal punishment heavier than a fine: The fact that the driver's license was revoked due to a drunk driving; the fact that the driver's license was revoked due to a drunk driving; the fact that the driver's license was revoked; the fact that the driver has a record of criminal punishment once for a violation of the Road Traffic Act (unlicensed driving); and that the driver's license had a record of criminal punishment for a violation of the Road Traffic Act (unlicensed driving) twice; and other circumstances: the driving background of the case; the defendant'

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